Wyden, Markey, Shaheen and 19 Senate Democrats Release Legislation Requiring Refunds of Trump’s Illegal Tariffs - US Senate Committee on Finance
Bill Instructs the Trump Administration to Prioritize Small Businesses; Requires Full Refund With Interest of Illegal Trump Tariffs in 180 Days
Washington, D.C. – Senate Finance Committee Ranking Member Ron Wyden, D-Ore., Small Business Committee Ranking Member Edward J. Markey, D-Mass., and Foreign Relations Committee Ranking Member Jeanne Shaheen, D-N.H., released legislation today to require full refunds of Trump’s illegal tariffs, after they were struck down by the U.S. Supreme Court on Friday by a 6-3 vote.
To date, the Trump administration has collected an estimated $175 billion in illegal tariff revenue, raising taxes on products from nearly every country on earth, and jacking up prices for American families. The Tariff Refund Act of 2026 would require the full refund, with interest, of those funds.
“Trump’s illegal tax scheme has already done lasting damage to American families, small businesses and manufacturers who have been hammered by wave after wave of new Trump tariffs,” Senator Wyden said. “Senate Democrats will continue fighting to rein in Donald Trump’s price-hiking trade and economic policies. A crucial first step is helping people who need it most, by putting money back in the pockets of small businesses and manufacturers as soon as possible.”
“Trump’s illegal tariff taxes cost small businesses, consumers, and families up to $175 billion. That money must be repaid immediately. For small businesses with little to no resources, this refund process can be extremely difficult and time consuming,” Senator Markey said. “That is why I am proud to introduce the Tariff Refund Act with Senators Wyden and Shaheen. Our bill would require the tariffs to be refunded and level the playing field—putting small importers and small businesses first in the refund process and eliminating needless administrative barriers. It’s Main Street and working families that paid Trump’s tariff taxes, and we must ensure they get their money back—not big corporations.”
“President Trump’s reckless and chaotic tariffs have only caused uncertainty and pain—raising prices on consumers and businesses when they can least afford it,” Senator Shaheen said. “Now that the Supreme Court has made it clear that the President did not have the authority to unilaterally impose sweeping emergency tariffs, it’s critical that American families and small businesses get the relief they need. That starts by President Trump refunding the illegally collected tariff taxes that Americans were forced to pay.”
The bill is co-sponsored by: Sen. Chuck Schumer, D-N.Y., Sen. Ben Ray Luján, D-N.M., Sen. Mazie Hirono, D-Hawai’i, Sen. Chris Coons, D-Del., Sen. John Hickenlooper, D-Colo., Sen. Angus King, I-Maine, Sen. Angela Alsobrooks, D-Md., Sen. Andy Kim, D-N.J., Sen. Maria Cantwell, D-Wash., Sen. Jacky Rosen, D-Nev., Sen. Dick Durbin, D-Ill., Sen. Tim Kaine, D-Va., Sen. Alex Padilla, D-Calif., Sen. Mark Warner, D-Va., Sen. Adam Schiff, D-Calif., Sen. Richard Blumenthal, D-Conn., Sen. Patty Murray, D-Wash., Sen. Chris Van Hollen, D-Md., and Sen. Michael Bennet, D-Colo.
The Trump administration previously recognized that it must refund, with interest, any duties determined to have been unlawfully collected. However, it is unclear what timeline, process, or other guidelines the Administration would follow to provide refunds—and the lack of a clear, accessible process would necessarily advantage large importers with resources to dedicate to outside counsel and consultants.
The Tariff Refund Act of 2026 would ensure that U.S. Customs and Border Protection (CBP) completes the payment of refunds quickly and prioritizes the interests of small businesses in that process. Importantly, the bill would ensure that importers are not required to take costly administrative steps to receive a refund of the tariffs unlawfully collected by the Administration. The bill would also direct CBP to coordinate with the Small Business Administration (SBA) to provide information and technical support. Finally, the bill’s reporting requirements would provide Congress, which has constitutional authority over trade and tariffs, with proper oversight over the refund payment process.
What the Bill Does:
• Requires CBP to pay refunds of all tariffs that were unlawfully imposed by the President under IEEPA and paid by importers—even if the importation has already been finalized and closed (“liquidated”) by CBP.
• Sets a deadline of 180 days after enactment for CBP to process all refunds.
o Requires CBP to pay interest on the refunded amount.
o Directs CBP to prioritize small businesses when paying refunds and to coordinate with the SBA to provide key information on the refund process to small businesses.
• Requires CBP to report every 30 days to relevant congressional committees on the status of refunds until CBP has completed the payment of all refunds.
• Directs CBP to issue guidance on how to address duty drawback claims.
• Expresses the Sense of Congress that importers, wholesalers, and large corporations should pass on those refunds to their customers.
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USITC to Investigate Economic Impact of Revoking PNTR for Products of China - USITC
The U.S. International Trade Commission (Commission or USITC) is undertaking a new factfinding investigation that will examine the impact of revoking permanent normal trade relations (PNTR) treatment for all products of China on the U.S. economy, U.S. industry, and product sourcing over a six-year period.
The Commission is instituting this investigation, Effects on the U.S. Economy of Revoking China’s Permanent Normal Trade Relations Status (Inv. No. 332-609), to examine the topics above following guidance in a report by the House Appropriations Committee accompanying the Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026. The USITC expects to publish its report by August 21, 2026.
The report will provide, to the extent practicable:
• The results of the agency’s investigation and analysis, including detailed information, to the extent practicable, on U.S. trade, production, and prices in the industries that could be directly and most affected by the imposition of rates of duty in column 2 of the Harmonized Tariff Schedule of the United States on products of China.
• An examination of an alternative scenario where Congress revokes PNTR treatment with a five-year phase-in of tariffs on a subset of national security products.
Due to the accelerated timeline of this investigation, the Commission does not plan to hold a public hearing in connection with the preparation of this report. The public is invited to file written submissions and other information concerning the matters to be addressed in this investigation. All written submissions should be addressed to the Secretary of the Commission and should be received no later than 5:15 p.m. Eastern Time, April 13, 2026.
HOW TO FILE SUBMISSIONS: All submissions must be filed through the Commission’s Electronic Document Information System (EDIS). Questions on electronic filing should be directed to the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures and the Rules of Practice and Procedure (19 CFR 201.8).
More information on the scope of the investigation is available in the USITC’s notice of investigation, dated February 26, 2026, which can be downloaded from the USITC website or obtained by contacting the Office of the Secretary.
About factfinding investigations
USITC general factfinding investigations, such as this one conducted under section 332(b) of the Tariff Act of 1930, cover matters related to tariffs, trade, and competitiveness. The resulting reports convey the USITC’s objective findings and independent analyses on the subjects investigated. The USITC makes no recommendations on policy or other matters in its general factfinding reports. These reports usually are released to the public.
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The Final Phase of Confidential E-Service is Coming - USITC
Electronic delivery of confidential documents in unfair import and import injury investigations issued by the Commission—and documents shared under the Administrative Protective Order (APO) in import injury investigations—is coming soon!
Starting in Spring 2026, confidential documents served by the Commission will be sent electronically and securely online to the EDIS service inbox of authorized recipients. This is the final step in a series of system upgrades that make it easier for users to file documents and receive Commission-issued materials, helping expand access to information in import injury and unfair import investigations.
The final phase of confidential e-service will include:
• Batch Service: The ability to serve multiple documents at once directly to the EDIS accounts of authorized users
• Immediate Delivery: Immediate electronic delivery of both public and confidential served documents
• Direct Access: Access for authorized lead counsel to view and download served documents from their EDIS service inbox for up to 14 days
• Delegate Access: Access for EDIS delegates of the lead counsel to view and download served documents from the lead counsel’s service inbox on their behalf for up to 14 days
Stay tuned for guidance, FAQs, and additional resources.
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In the News:
• FedEx sues Trump administration for full tariff refunds after Supreme Court ruling on IEEPA [FOX Business]
• Trump's new tariff comes into effect at lower than expected rate [BBC]
• 'It will not be automatic or immediate': Companies brace for a messy tariff refund process [YahooFinance]
• Law firms gird for tariff refund fight after Supreme Court ruling [Reuters]
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wood Mouldings and Millwork Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2023
• 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Affirmative Determination of Circumvention
• Hard Empty Capsules From Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam: Countervailing Duty Orders
• Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-202
• Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Silicon Metal From the Lao People's Democratic Republic: Final Affirmative Countervailing Duty Determination
• Citric Acid and Certain Citrate Salts From Belgium: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of and Final Rescission of Review, in Part, of Antidumping Duty Administrative Review; 2023-2024
• Hard Empty Capsules From Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam: Antidumping Duty Orders
• Silicon Metal From the Kingdom of Thailand: Final Affirmative Countervailing Duty Determination
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Silicon Metal From the Lao People's Democratic Republic: Final Affirmative Determination of Sales at Less Than Fair Value and Classification of the Lao People's Democratic Republic as a Non-Market Economy
• Silicon Metal From Angola: Final Affirmative Determination of Sales at Less Than Fair Value and Classification of Angola as a Non-Market Economy
• Certain Freight Rail Couplers and Parts Thereof From the Czech Republic and India: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Results of the Antidumping Duty Administrative Review: 2023-2024
• Wood Mouldings and Millwork Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Sodium Nitrite From India: Final Results of Countervailing Duty Administrative Review; 2022-2023
• Granular Polytetrafluoroethylene Resin From India: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Unwrought Palladium From Russia; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Float Glass Products From Malaysia: Final Affirmative Countervailing Duty Determination; Correction
• Investigations; Determinations, Modifications, and Rulings, etc.: Thermoformed Molded Fiber Products From China and Vietnam; Determinations; Correction
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Organic Soybean Meal From India: Final Results of Countervailing Duty Administrative Review; 2023
• Large Diameter Welded Pipe From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2023
• Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination
• Certain Lined Paper Products From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
• Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results and Rescission of Antidumping Duty Administrative Review, in Part; 2024-2025
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From Indonesia: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Antidumping Duty Determination
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the Lao People's Democratic Republic: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Electrolytic Manganese Dioxide From the People's Republic of China: Continuation of Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Diameter Graphite Electrodes From China and India; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
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MSC Assessed Civil Penalties Totaling $22.67 Million - Federal Maritime Commission
An enforcement proceeding (Docket No. 23-08) involving MSC Mediterranean Shipping Company, S.A. (MSC) recently concluded with the Federal Maritime Commission (FMC or Commission). The Commission’s decision assessed a civil penalty of $22.67 million for three types of Shipping Act violations. The Commission’s Bureau of Enforcement, Investigations, and Compliance (BEIC), through its Offices of Investigation and Enforcement, investigated and prosecuted the matter.
BEIC’s investigation alleged that MSC violated the Shipping Act over the course of several years. The first violation, which occurred during the period of 2018-2020, related to MSC’s billing of customs agents as “notify parties” for demurrage and detention charges (late fees) through the “merchant clause” found in its bills of lading, even though such parties were not involved in moving the cargo. The Commission affirmed the initial decision of the Administrative Law Judge (ALJ) that MSC’s use of its “merchant clause” violated 46 U.S.C. § 41102(c). The assessed civil penalties for these violations totaled $65,000.
Additionally, BEIC’s investigation alleged that MSC violated 46 U.S.C. § 40501 by failing to include in its published tariff from 2021-2023 a statement of what such fees were for non-operating reefers (NORs). On this matter, the Commission affirmed the ALJ’s finding that MSC violated 46 U.S.C. § 40501 from 2021 to early 2023, but modified the initial decision to reflect knowing and willful violations starting only from the point of MSC’s March 2022 statement to the Commission that it would modify its tariff. The assessed civil penalties for those violations totaled $9,460,000.
Finally, BEIC alleged that MSC violated 46 U.S.C. § 41102(c) by overcharging its customers demurrage and detention fees for use of its NORs. In this decision, the Commission reversed the ALJ’s determination that MSC’s NORs “billing system” mistake did not violate 46 U.S.C. § 41102(c). Instead, the Commission held that the factual record indicated that the overcharging happened in about 23% of all NOR bills during the entire year of 2021. Therefore, the Commission concluded that MSC’s billing was not merely the result of a mistake but rather that it constituted an unreasonable practice within the meaning of section 41102(c). For this conduct the Commission assessed a penalty of $5,000 per violation, or a total of $13,145,000.
The penalties assessed against MSC in this proceeding totaled $22.67 million. The FMC does not receive any revenue when assessing civil penalties. Civil penalties are paid directly to the General Fund of the U.S. Treasury.